HomeMy WebLinkAbout09/24/1998CITY OF WHEAT RIDGE
BOARD OF AD,J'USTMENT
AGENDA
September 24, 1998
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment oil
September 24, 1998, at 7:30 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado.
1. CALL THE MEETING TO ORDER
2. APPROVE THE ORDER OF THE AGENDA
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not
appearing on the agenda.)
4. PUBLIC HEARINGS
Approved A. Case No. WF-98-01: (Continued frorn August 27, 1998) An application Submitted by Duane
Fletnis for approval of a flood plain special exception for the purpose of replacing an existing
single-family home and detached garage with a new single-family home with in attached garage.
The property is zoned A- I and located at 4221 Jellison Street.
i-.pproved B. Case No. WA-98-26: Ail application submitted by the City of Wheat Ridge for approval of an
I V backstop fence height variance, to the 10' backstop fence height requirement and a V fence
height variance to the 6' fence height variance requirement for the purpose of installing a 21 ` high
backstop with a 7' fence around the perimeter of the baseball field. The property is zoned R-2
and C -1 and located at 4900 Marshall Street,
Denied C. Case No. WA-98-27: Ali application Submitted by Ken Sanchez for Beatrice Anders for
approval of 15' side yard setback variance to the 30' side yard setback requirement to allow a
22' x 22' detached garage, The property is zoned R I -A and located at 3 512 Wright Street.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
7. NEW BUSINESS
A. Approval of Minutes: August 27, 1998
8. AMIOURNMENT to October'- ) 2 1998 at 7:30 jl.rn.
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Ad�jLlStnlent
DATE OF MEETING: September 24, 1998
CASE NO. & NAME: WF-98 I/ 1-1ehils
ACTION REQUESTED.
LOCATION OF REQUEST:
DATE PREPARED: September l6, 1995
CASE MANAGER: Sean i'vlcCartney.
Request for approval for demolition of an existing single- fami residence and
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constrUCti0n of a new single-family residence on a property located within the
100-year flood plain,
NAME & ADDRESS OF APIFLICANT':
22 Jellison Street
Duane Flelms
4271 Jellison Street
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER: Same
APPROXIMATE AREA: 24,000 square feet
PRESENT ZONING:
PRESENT LAND USE-
DATE PUBLISHED:
DATE POSTED:
September 4, 1998
September 10, 1998
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
A- I
Single-family residential
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I. REQUEs
The applicant is reqUeStill" approval of a Class 11 Special Exception to allow the demolition of all existing single -
family dwellin- and the construction of a tickv single-family dwelling that will be located within the 100-year
flood plain. The proposed single-farrilly structure and a two-car attached garage will be 2,620 square feet.
In accordance vvitll tile FENVIA Flood Insurance Rate Map, the property is located within the Lena Gulch 100-year
flood plain. Referrals of the flood plain analysis were sent to Bob Goebel, Director of Public Works.
It is the opinion of Mr. Goebel that anytime as structure is built within the 100 -year flood plain the Finished floor
elevation for the structure must be established at one foot above the Base Flood Elevation and determination
arcade as to requirements for a basement or lower level than finished floor prior to tile issuance of a building
permit. The Base Flood ElevatLQn shall be tile Elevation of the 100 year flood water surface at the upstream
property line; 5,355,6 feet above sea level. "therefore, the ininimurn Finished Floor Elevation shall be 5,356.6
feet above sea level. The proposed finished fill level has been determined to be 5,357,2 feet above sea level
\,vhicli meets re(JUirenient.
To date, staff has not received any comments regarding the above request.
Staff concludes that proposed in-fill and construction of the 2,620 square foot single - family residence will not
have a negative impact oil the existing 100-year flood way and according to the Flood Plain Administrator Bob
Goebel, tile request has inet tile requirements of the Flood Plain Ordinance and is hereby recommended for
approval,
111. RECOINJIMENDED MOIJONS
Option A: - I move that Case No. WF-98-01, a request for approval ofthe construction of a 2.620 square
foot single•family residence on a property located at 4221 Jellison Street, be APPROVED for the
l'ollowing reasons-,
I Approval ofthis request should riot have a detrimental impact on the existing 100-year flood
way,
? The proposed hydrological study shows that the property can be filled to comply with the
requirement that the Finished Floor Elevation be at least I foot above the Base Flood Elevation.
3 Bob Goebel, Flood Plain Administrator for the City of Wheat Ridge, recommends approval of
tile exemption permit.
With the following conditions:
I The proposed fill limits be revised oil the north property line to eliminate the encroachment and
to create a small drainage swale between tile lots.
If the above drainage swale cannot be accomplished, the City must receive a letter from the
property owner to the north giving written permission to fill onto their property."
Board ol'Ad jusurient Page 2
1A T-987-0 I ,Tk!lnlS
Option B: "I move that Case No. WF- 8 -QI, a request for approval of the construction of a 2,620 square
Coot sin <ole- tarni1v residence on a property located at 422 Jellison Street, be DENIED for the following
reasons;
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Board of ° rlctjustr� ent
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Apgrovi�d Date
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August 20, 1998,,
City of Wheat Ridge Community Development
7500 W. 29 Avenue
Wheat Ridge, Colorado 80215-6713
CONSTRUCrION SERNOCES
ENGINEERING . MANNING
SURVErNG
RE: Request for Sped�l Exception-Class 11, Construction within the Flood Storage
District of Clear Creek
Please review the enclosed, and feel free to contact me with any questions or comments
on this request.
M
Patrick D. Quinne3
Division Manager
k "micran- Inc_
5300 DTC Parkway - Suite 1502 • Englewood. Colorado 80111 - Telephone: 3023/22 -7275. Fax: 3031221-7276 —
40
CONSTRUCTION SERVICES
ENGINEEPJNG - MANNING
SURVEYING
City of Wheat Ridge Community Development
7500 W. 29 th Avenue
Wheat Ridge, Colorado 80215-6713
�KE: Request for Special Exception-Class 11, Construction within the Flood Storage
District of Clear Creek
tortions of this property fall within the Flood Storage District of the 100 year flood pla
for Clear Creek. Please consider this a request for issuance of a "Special Exception —
Class 11" in accordance with the City of Wheat Ridge Code, 26-206 page 1820. We ha
designed or determined the following in accord with said regulations, so that to the best]
of our knowledge:
1. The proposed finish floor of the unit will be higher than one foot above the
base flood level.
2. There will be no existing structure nor any developed structure that will be
affected for a significant reach on both the upstream and downstream side of
the proposed structure,
3. This proposed grading does not adversely affect the efficiency of or unduly
restrict the capacity of the channels or floodways of any tributaries to the main
stream, drainage ditches, • any other drainage facilities or systems.
■ Placement of the proposed fill will eliminate hydrodynamic loads directly
onto the proposed structure, however construction will be in accordance with
all applicable codes specifically related to lateral loads,
S. All new construction will utilize materials and methods that will resist and
minimize flood damage.
5300 DTC Parkway - Suite 150 - Englewood, Colorado 801 • Telephone: 303/221 -7275 - fax: 303/Z21-7276
. All electrical and HVAC, and plumbing equipment and other utility service
facilities will be designed and located to prevent ,vater from entering or
accumulating within the components during flooding conditions.
. This proposal is consistent with the need to minimize flood damage.
10. The site will be served by public utilities located in such a manner as to
minimize or preclude flood damage.
LAND USE CASE PROCESSING Mr +Z
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
plloce"303)235-2846
Duane Nelms
Address 4271 Jellison Street Phone 421-2565
City Wheat Rid gg,
Owner -Du elms Address 4271 Jellison Street Phone
City Wheat Ridge
Location of request (address)— 4221 Jellison Street I
1 111111 111 pill I III III III I 111 1111 111 1111 1
motgAII
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Fill out the following information to the best of your knowledge.
Current Zonina* A-1
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Size of Lot (acres • s uare footage): 24.000 aq,
single family residential structure + two outbuildLngs
Proposed use, residential
Assessors Parcel Number:
F COI
I qS
Subscribed and sworn to me this 1± Y.g TT I
gy4 , 19
MY COMMISSION EXPIRES:
*I- (U. .100
Notary Public
My commission expires
Date received J /I Receipt No. Case No. Wl- 4112 1
Related Case No. Zoning Quarter Section Map -5wz:2- I
Variance / Waiver
Nonconforming use change
Flood plain special exception
interpretation of Code
Lot line Adjustment
E]
Planned Building Group
Street Vacation
Other:
replace
existing single-family home and
with attached
garage.
Fill out the following information to the best of your knowledge.
Current Zonina* A-1
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Size of Lot (acres • s uare footage): 24.000 aq,
single family residential structure + two outbuildLngs
Proposed use, residential
Assessors Parcel Number:
F COI
I qS
Subscribed and sworn to me this 1± Y.g TT I
gy4 , 19
MY COMMISSION EXPIRES:
*I- (U. .100
Notary Public
My commission expires
Date received J /I Receipt No. Case No. Wl- 4112 1
Related Case No. Zoning Quarter Section Map -5wz:2- I
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: September 24, 1998
CASE NO. & NAME: WA-98-261
City of Wheat Ridge
DATE PREPARED: September 16, 1995
CASE MANAGER: Sean McCartney
NAME & ADDRESS OF APPLICANT: City of Wheat Ridge
7500 West 29" Avenue
Wheat Ridge, CO 800' )3
NAME & ADDRESS OF OWNER: Same
APPROXIMATE AREA: 15 acres
PRESENT LAND USE:
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SURROUNDING ZONING:
SURROUNDING LAND USE:
N: Planned Industrial Development;
Commercial-One; and E: Planned Commercial
Development
N: Industrial, and W: Auto Body Repair,
S: and E: Commercial and Office/Warehouse
DATE PUBLISHED: September 4, 1298
DATE POSTED: September 10, 1998
DATED LEGAL NOTICES SENT: September 4, 1998
JURISDICTION.
I'lie property is within the City of' Wheat Ridge, and all notification and posting requirements have been met
therefore, there is jurisdiction to hear this case.
1. REQUEs
The applicant is reqUestino a I I
, approval of all I F backstop fence height variance to the 10' backstop fence
height requirement and a P fence height variance to the 6' fence height requirement, for a new baseball
field. If approved. the backstop will be 21' in height with a 7' fence around the perimeter of the baseball
field.
This-request was initiated by Parks and Recreation Director Gary Wardle. The City has requested
similar variances for various baseball fields throughout the City, basically for tile same intent: to protect
spectators and adjacent properties from errant throws and foul balls. Due to technological advances in
baseball equipment, there has been an increasing need for more protection from the activity during a
baseball game. The industry standards already conflict with our existing maximum backstop height
allowance, therefore each new baseball field that is proposed requires the issuance of a backstop height
variance to provide sufficient protection. It is staff's intent to consider amending the existing height
requirement of baseball backstops to mirror the industry standards.
`File baseball field in question (one of two being proposed for this site) is being sponsored by tile
Colorado Rockies and Kirt Manwaring, the catcher for the Rockies.
To date, staff has not received any complaints regarding this request,
SITE PLAN
The property in question is located on the east side of Marshall Street, south ot'Clear Creek. It is
approximately 15 acres in size and relatively flat in topography. According to the attached site plan,
complete build -out of the parks will provide two baseball fields and one soccer field, plus adequate on-
site parking. The baseball field in question is tile western most field that is being sponsored by the
Colorado Rockies and Kirt Manwaring, catcher for the Colorado Rockies.
III VARIANCE CRITERIA
Staff has the following comments regarding tile criteria used to evaluate a variance request:
1. Can the property in question yield a reasonable return in use, sera ice or income if
Permitted to be used only under the conditions allowed by regulation for the district in
which it is located?
Yes. If denied, the City may continue to build baseball fields on the property. However, the
backstop can only be built to a maximum height of 10', not allowing for maximum protection
from foul balls.
2. Is the plight of the owner due to unique circumstances?
t')
No. There aren't any unique circumstances attributed to this case.
Board of` Adjusiment Noe 2
WA-98-26,'Citv of' Wheat Moe
3. If tile variation were granted, would it alter the essential character of the locality
No. Approval of this request will not alter the essential character of the locality in that it will be
located within an area that is predominately Light Industrial. which allows for structures to be
built Ul) to 50' in height. Also, this request is to attribute to the development of a park and open
space which is usually considered an aesthetic asset for any area.
4. Would the particular physical surrounding, shape or topographical condition of the
specific property involved result in a particular hardship (upon the owner) as distinguished
from as incre inconvenience if the strict letter of the regulations were carried out?
No. The hardship is not based on the physical shape or surroundin of the property, but mainly
for the protection of spectators and surrounding properties frorn the increasing demands of a
developing industry.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same zoning classification?
Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for
each request.
6. Is the purpose of the variation based exclusively upon as desire to make money out of the
property
No. The purpose of tile variance into provide additional protection from foul balls and errant
throws from hurting spectators and damaging Surrounding properties.
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7. Flats the alleged difficulty or hardship been created by any person presently having an
interest in the properq?
Yes. The request was initiated by Parks and Recreation Director Gary Wardle.
8. Would the granting of the variations be detrimental to the public welfare or injurious to
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other property or improvements in the neighborhood in which the property is located?
No. Because the proposed baseball Field will be located away from the public right-of-way and
out of the Visual site-way of any passing motorists, approval of this request should not be
detrimental to the public welfare. Also, because the intent of this request is to further prevent
damage to adjacent properties and automobiles, approval of this request should prevent an
injurious damage to other properties or improvements,
9. Would the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase the congestion in the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
Board of` Adjustment Page 3
WA-98-26/City of Wheat Ridge
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No. Because the backstop is located - vvithin the confines of tile property lines and away from
other Structures. approval of this r I equest will not impair the adequate SLIPPIV of light and air nor
increase the danger of fire.-
10. If it is found in criteria 8 and 9 above that granting of the variation would not be
detrimental or injurious to other property or improvements in the neighborhood, and it is
also found that public health and safety, public facilities and surrounding property values
would not be diminished or impaired, then would the granting of the variance result in as
benefit or contribution to the neighborhood or the community as distinguished from an
individual benefit on the part of the applicant, or would cl of the variance result in as
reasonable accommodation of as person - *with disabilities?
Yes. Approval ofthis-reqUeSt will directly benefit the neighborhood and comillUnitV in that it
will further prevent further damage to adjacent properties and automobiles from errant throws
and fOL11 balls.
V1. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that it was found, in the above criteria, that approval of this request will allow for a
positive solution to an increasing problem with baseball fields and adjacent properties. Although it was
found that the proposed baseball field will allow for adequate separation from adjacent properties, the
true protection the backstop will provide is for further damag e to automobiles and spectators. Also, due
to the advancement in technology, there has been an increasing demand in higher backstops to further
protect spectators and adjacent properties from the activities on the field. Staff intends on initiating an
amendment to the zoning ordinance to alleviate tile need for future variances for baseball backstops.
x`11. RECOINEN(ENDED INIOTIONS
Option A: **I move that Case No, WA-98-26, a request for approval ofan I I' backstop fence height
variance to tile 10' backstop fence height requirement and a P fence height variance to the 6' fence height
requirement for property located at 4900 Marshal Street, be APPROVED for the following reasons:
Approval of this request should not be detrimental to the public's welfare.
Approval of this request Will further protect the spectators and adjacent properties from errant
throws and foul balls,"
Option 13: - 1 move that Case No. WA-98-26, a request for approval of an I I' backstop fence height
variance to the 10' backstop tence height requirement and a I' fence height variance to the 6' fence height
requirement for property located at 4900 Marshal Street, be DENIED for the following reasons:
E N,;Cmwcy+cavc fi ci k�al)826 s yd
Board ofAdjustmQiu Page 4
WA-98-26;'City of Wheat Ridge
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Baseball Fields &
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LAND USE CASE PROCESSING APPLICATION
Plannina and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone 303' 235-2346
=Please print or type all information�
I � `
Location of request (address) 1 f el c2, Y' J
Type of action requested (check oFe or more of the actions listed below which pertain to your request.)
2 2Variance / Waiver
Nonconforming use change
Flood plain special exception
Interpretation of Code
Lot line Adjustment
E]
Planned Building Group
Street Vacation
Other:
0
Notary Public
My commission expires - SE
Date received Receipt No. Case No.
Related Case No, Zoning Quarter Section Map
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of AdJUS011CIlt
DATE OF iNIEETING: September 24, 1998 DATE PREPARED
CASE NO. & NANIE WA-98-27/ Sanchez CASE MANAGER:
September 16, 1998
Sean NIcCartney
ACTION REQUESTED: Request for approval of a 15' side yard setback variance to the 30' side yard
setback requirement to allow a 22' X 22' detached garage.
LOCATION OF REQUEST: 3)512 Wriolit Street
NAME &ADDRESS OF ApftiCANT: Ken Sanchez
8277 West 71" Place
Arvada, CO 80004
DATE POSTED: September 10, 1998
DATED LEGAL NOTICES SENT: September 4, 1998
ENTER INTO RECORD:
JURISDICTION:
The property is within the City of Wheat Midge, and all notification and posting reqUirernents have been met,
therefore, there iSjUrisdiction to hear this case.
I.. REQUEST
The applicant is requesting approval of 15' side yard setback variance to the 30' side yard setback
requirement to allow a 22' X 22' detached garage. If approved, the garage will be 15' from the south
property line.
Currently there is a 2,016 square foot a-frame, with a 2-car attached garage on the northwest corner of
the property, The applicants, who have just bought the house, are intending on using the proposed
structure as a detached garage and wood shop for personal use. The structure will provide a single-bay
for pat-king and the rest for wood working machinery. The applicant has stated that the owners have
requested the placement of this garage in hopes that the structure will not have to encroach into their
existing cramped backyard.
Pursuant to Section 26-11 of the Wheat Ridge Code of Laws, any side yard which abuts a public right-
of'-way shall have a nin-61111.1111 setback of 30' for all structures.
To date, staff has not received any complaints regarding this request.
II SITE PLAN'
The property in question is a corner property located on the northeast corner of Wright Street and West
1h
35" 5
' Avenue and measures 85'along Wright Street and 120'along West -) Avenue, Currently, there are
several mature trees throughout the property which is located in a neighborhood that has several mature
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trees strewn throu"11OUt. If the request is approved, the owner will have to remove at least one mature
tree.
The applicants have proposed to place the detached garage on the southeast portion of the property, 15'
fi�orn the south property line and approximately eight feet from the eastern property line. The proposed
location will be approximately five feet to the north of an existing 10' drainage easement.
The designated backyard is located in the eastern portion of the property. Currently, there is an existing
concrete pad (patio) and 7' X 14' wood shed. The owner has requested the proposed location for the
detached oaragre in hopes that they may retain what space they can as a backyard.
If the request is approved. the oe,vner will be required to asphalt or concrete the driveway front right-of-
way to the front of the proposed detached garage.
III VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
I. Can the property in question yield as reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located'.'
Board of Aqjustment Page 2
WA-98-2T'Sanchez for Anders
Yes. If denied, tile owner may still continue to use the house as as single residence which
currently provides enclosed parking with an attached two-car -araae.
2. Is the plight of the'owner due to unique circumstances?
No. There aren't unique circumstances attributed to this case.
3. If the variation were granted, would it alter the essential character of the locality?
Yes. Approval ofthis request will allow for a structure to be located 15' from West '15' Avenue.
Currently, there aren't any properties within the immediate vicinity that have structures within at
least 25' from West 35" Avenue.
4. Would the particular physical surrounding, shape or topographical condition of the
Specific property involve(, result in as particular hardship (upon the owner) as distinguished
from as mere inconvenience if the strict letter of the regulations were carried out?
No. AlthOL11111 the property has a grade differential from south to north and there are several
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mature trees located throuQhOUt the property, there seems to be plenty of building area within the
backyard allowing for the nlininium 3{ l" side yard setback from West 35" Avenue.
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5. Would the conditions upon which the petition for as variation is based be applicable,
Cfencrally, to the other property within the same zoning classification?
t " - tl�'
Yes. All applications are reviewed oil a case-by-case basis thereby changing the outcome for
each request.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property
No. Tile purpose of the variance is to allow for a two-car detached garage to be located outside
of the designated backyard area.
7. Has the alleged difficulty or hardship been created by any person presently having an
t� tn'
interest in the property?
Yes, Tile alleged hardship has been created by the owners of the property.
S. Would the granting of the variations be detrimental to the public welfare oi• injurious to
other property or improvements in the neighborhood in which the property is located?
Yes. Approval of this request will allow for tile placement of a two-car attached garage 15' from
West 35"' Avenue, a designated public right-of-way. The minimum length for driveway depths,
determined thrOLli'll industry standards, are 20'. The 20' depth allows for as standard vehicle to be
parked on the designated driveway and allow for the vehicle to be enveloped within tile
Board of Ad
justineilt Pale 3
WA-98-27/Sartchez for Atiders
designated driveway. Driveways that are less than 20' in length risk having the parked vehicle
extend into the desi-mated public right-of-way and hinder the adequate pedestrian and vehicular
Circulation, Therefore, approval of this request could be detrimental to the public's health. safety
and welfare.
9. Would the proposed variation impair the adequate supply of light arid air to adjacent
property or substantially increase the congestion in the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
No. Because the proposed struCtUre will allow for adequate separation between any adjacent
Structures, approval of this request should not impair the adequate supply of light and air to the
adjacent jacent properties, Ho%vever, as stated above, due to the 15' proposed driveway depth. there is a
chance that any vehicle parked on the driveway could hinder the adequate flow of traffic and
potentially increase the congestion in the public streets.
10. If it is found in criteria 8 and 9 above that granting of the variation would not be
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detrimental or injurious to other property or improvements in the neighborhood, and it is
a nd safety, public facilities and surrounding
also found that public health - property values t�
would not be diminished or impaired, then would the granting of the variance result in a
benefit or contribution to the neighborhood or the community as distinguished from an
t� t,
individual benefit on the part of the applicant, or would granting of the variance result in as
reasonable accommodation of a person with disabilities?
No. Approval ofthis request is solely for individual benefit and ShOUld not benefit the
neighborhood or COMMUnit)'.
V1. STAFF CONCLUSIONS AND RECOMMENDATION
StaffCOnCIUdes that it was found, in the above criteria, that approval of this request Could be detrimental
to the public's welfare. create congestion in the public streets, and could alter the essential character of
the locality. Through tile evaluation, staff did riot find any evidence of hardship. aside from personal
inconvenience for the property owner. Therefore, based on the facts of findings for Case No, WA -98-
27, staffrecommends DENIAL.
However, if the request is approved, staff recommends that the request be changed to a 10' side yard
setback variance, thus allowing for a driveway depth of 20'.
Vil. RECOMINNIENDED MOTION'S
Option A. I move that Case No. WA-98-27, a request for approval of a 15' side yard setback variance to
the 30' side yard setback requirement to allow a 22' X 22' detached garage for a property in the
1.
Residential-One A zone district and located at 3512 Wright Street, be DENIED for the following
reasons:
Board of Adjustment Pa( 4
WA -9S -27 /Sanchez for Anders
I Approval of the request could be detrimental to the public's welfare in that a 15' deep driveway
does riot permit adequate parking surface. Driveways Must maintain a minimum of 20' to allow
for adeqLIItC parkin(,, space'.
Approval of this request could create an increase in congestion in the public streets.
Approval of this request could alter the essential character of the locality."
Option B: "I ( ove that Case No. WA-98-27, a request for approval of a 15' side yard setback variance to
the 'M' side yard setback requirement to allow a 22' X 22' detached garage for a property in the
12esidential-One A zone district and located at 3512 Wright Street, be APPROVED for the following
reasons:
I The proposed Structure will provide additional enclosed, outside storage.
With the 6ollowino conditions
ThC Structure must retain a 20' setback to allow for a 20' deep driveway,
2. The driveway Must be paved, with asphalt or concrete, from the public right-of-way to the front
of the detached garage."
Board of Ac(iustment Page 5
WA-98-27/Sanchez for Anders
L15-
5 CN COUNT
CENT
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X�P ADGP7 arc 15, 1994
Lc�* Revisfcm Fe-brwcry 20, 1998
IA
ATXENT OF P—ANNISO AV
August 2, 1998
To Whom It May Concem:
Anthony B. & Frances M.
12420 West 35th Avenue
Wheat Ridge, CO 80013'
/*
September 15, 1998/'
Board of Adjustment 1998
The City of Wheat Ridge S 17
7500 West 29th Avenue
Wheat Ridgy, CO 8003
Gentlemen: Re: Case No. WA-98-N
3512 Wright Stree
We wish to register our strongest protest against the
proposed 15'-variance from the 30' setback requirement adjacent
• West 35th Avenue at the northeast corner • West 35th Avenue
and Wright Street. Our reasons are two. The first reason is
simply opposition to seeing the appearance of the neighborhood
degraded by crowding more building onto a conspicuous corner
lot. Observance of the required 30' setback adds much to the
amenity of this area. Other property owners have abided by
the setback. We do not see why this new owner cannot do so
like anybody else.
Very truly yours,
L1511
0,
Anthony B. Gibbons Frances M. Gibbons 6
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STATE OF COLORADO
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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
August 27, 1998
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair Person
MAURO at 7:30 p.m. on August 27, 1998, in the Council Chambers of the it
Building, 7.500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Members Present:
4. PUBLIC FORUM
(This is the time for anyone to speak on any subject not appearing on the agenda,)
There was no one signed up to speak.
Board of AdjUstment Page 1
08/27/98
5. PUBLIC HEARING
Board Member HOVLAND asked how this case evolved. Mr. McCartney replied that staff
became aware that no permit had been issued for this use.
The applicant addressed the Board.
Ric Ondrusek
3815 Garrison Street
In response to a question front Board Member ECHELMEYER, Mr. Ondrusek replied that
he plans to complete his remodeling project and remove the trailer by November 1, 1998.
Board of Adjustment Page 2
08127/98
Board 'Member ABBOTT asked why the applicant . chose not to rent a storage facility. Mr.
Ondrusek replied that since he needed convenient access to some of the storag items on a
daily basis, lie felt the on-site trailer was the best solution.
Upon a motion - by Board Member ABBOTT and second by Board Member WALKER, the
following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, the Board of Adjustment Application Case No. TUP-98-04 is an appeal to this
Board from the decision of an administrative officer; and
Board of Adjustment Page 3
08;27;`98
Board Member HOWARD stated that he would vote against the motion unless the applicant
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agreed to move the trailer at least'ten feet closer to tile house.
Board Member ABBOTT stated that he did not include this requirement in his motion
because he had'been persuaded that it would create a parking problem for the applicant.
The motion carried by a vote of 6 to 1, with Board Member HOWARD voting opposed, and
Board Member THIESSEN absent.
Chair MAURO advised the applicant that his request had been approved.
B. Case No. TUP-98-(15: An application submitted by John Colip, Java Time Express, for
approval of a temporary use permit for the purpose of allowing an existing coffee kiosk to
remain. The property is zoned C- I and located at 43 ) 0 ) Wadsworth Boulevard,
Board N/lember ECHELMEYER expressed concerti about setting a precedent which could
cause future problems. Mr. McCartney replied that City regulations do not establish limits
on the number of times a TUP may be granted under this particular circurnstance.
Board Member HOVLAND asked if there were other options available to the applicant such
as a conditional use permit, Mr. McCartney replied that the use could be permitted under a
planned building group which allows more than one building on a parcel. Planned building
groups must be taken before the Planning Commission and the City Council.
Board Member ABBOTT addressed the Wadsworth redevelopment plan and noted that this
plan would cause an ultimate end to this temporary use. Mr. McCartney stated that this was
correct and that the applicant would probably have an opportunity to permanently
incorporate his business into the future redesign of this area.
IM
Bo,ird of Adjtjstment Page 4
08/27/98
John Colip
8585 West 44th Avenue, Wheat Ridge
Mr. Colip, applicant, addressed the landscaping issue and advised the Board that he plans to
maintain the fl ' owers in the planters through the fall, He stated that the present awning will
be replaced by October 1, 1998.
Board Member ABBOTT stated that he would like to see more landscaping with some
evergreens for winter -time landscaping. Mr. Colip stated that he would be agreeable to
improving his present landscaping.
Board Member HOWARD referred to past appearances by the applicant where he indicated
lie was looking for other locations on Wadsworth. Mr. Colip replied that he has investigated
other locations along Wadsworth which were cost-prohibitive,
Board Member HOVLAND commented that the applicant was somewhat limited in the
amount of landscaping he could add due to the configuration of the kiosk.
Upon a motion by Board Member ABBOTT and seconded by Board Member
HOVLAND, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer and
Whereas, the Board of Adjustment Application Case No. TUP-98-05 is an appeal to this
Board from the decision of an administrative officer, and
Whereas, the property has been posted the fifteen days required by law and there were no
protests registered against it; and
Whereas. the relief applied for may be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City
of Wheat Ridge; and
Whereas. the Board finds that, based upon all evidence presented and based upon the
Board's conclusions relative to the five specific questions to justify the Temporary Use
Permit, the evidence and facts in this case do support the granting, of this request.
I
Now, Therefore,, Ile It Resolved that Board of Adjustment Application Case No. TUP-98-
05, be and hereby is APPROVED.
Type cif Use Permit: Re-application of a Temporary Use Permit to allow a
drive-through espresso business.
Board of AdjUShIlCot
08/27/98
The motion carried by a vote of 6-1, with Board Member HOWARD voting opposed and
Board Member THIESSEN absent.
Chair MAURO advised the applicant that his request had been approved.
C. Case No. WA-98-22: An application submitted by Linda Christensen for approval of a 5-
foot side-yard setback variance to the 5-foot setback requirement and a 15-foot front yard
setback variance to the 30-foot setback requirement for the purpose of a private storage shed.
The property is zoned R-2 and located at 2790 Vance Street.
In response to questions from Board Member ECHELMEYER, Mr. McCartney replied that
the shed had been existence for approximately tw ' p months and that the existing concrete pad
was there long before construction of the shed.
The applicant appeared before the Board:
Board of AdjUStIllent Pa 6
08/27/98
Linda Christensen
2790 Vance Street, Wheat Ridge
Ms. Christensen vas sworn in by Chair MAURO, She entered the following exhibits into
the record:
Exhibit ."A" - Eight photographs of subject area.
Exhibit "B" Site plan of subject area,
Board Nvlember ECHELMEYER presented the possibility of rotating the shed to the left in
order to meet setback requirements, INIs. Christensen replied that this would necessitate
moving I
, the sprinkler system and leveling the site,
Board Member A ' BBOT T advised the applicant that one of the criteria to be established by
the Board is one of hardship and that, although the shed is attractive and the yard is very
nice, tile placement of the shed is against City ordinance and doesn't meet criteria which
would establish a hardship.
Board of Adjustment Page 7
08/27/98
Board Member HOVLAND agreed with Board Member's ECFIEL,\/IEYER's suggestion to
turn the shed around which would meet setback requirements and still leave the vegetable
garden intact.
1
Jim Christensen
2790 Vance Sfrect, Wheat Ridge
Mr. Christensen was sworn in by Chair MAURO. He stated that turning the shed would
interfere with the existing well.
Board Member ECHELMEYER asked Mr. McCartney if the shed would comply if it were
turned. Mr. McCartney replied that it would meet setback requirements, but he was not sure
what water district requirements would be concerning the well.
=1
Board Member JUNKER asked if the present location of the shed was on the utility
easement. Mr. McCartney replied that the shed is located under overhead lines and that the
utility company would have to determine if the easement needed to be open for any reason.
Board Ni/lernber ABBOTT asked if the code had any provision for past nonconforming
structures to apply to future situations. Mr. McCartney replied that there is all allowance for
nonconforming structures in existence prior to adoption of the ordinance however, if such
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structures are more than 50% destroyed, they lose nonconformity status. In this case, the
previous nonconforming structure was 100% removed.
Jim Christensen
2790 Vance Street
Mr. Christensen stated that turning the shed as suggested by Board Member
ECHELMEYER would not look good. He asked if a variance would be required to place
the shed against the back fence. Mr. McCartney replied that 5-foot setbacks from both fence
lines are required, Mr. Christensen stated that the setbacks would require placing tile shed in
the middle of the garden area.
Board Member ABBOTT commented that the applicant's yard is very nice and an
improvement over the past. He stated that even though he does not agree with the 5-foot
setbacks in these situations which create virtually unusable space. It is necessary to abide by
tile laws as written in the code.
Board of Adjtjstinent Page 8
08/27/98
Upon a motion by Board Member ABBOTT and second by Board Member WALKER, the
following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas. Board of Adjustment Application Case No. WA-98-22 is an appeal to this Board
from the decision of an administrative officer: and
Whereas, the property has been posted the fifteen days required by law and there were no
protests registered a( it; and
Whereas, the relief for may NOT be granted without substantially impairing the
be g
ranted
and purpose of the regulations governing the City of Wheat Ridge.
`rhe motion carried by a vote of 7-0, with Board Member T141 absent.
D. Case No. WA-98-24: An application submitted by Pester Marketing Company for approval
of a 14.5-foot front yard setback variance to the 50-foot setback requirement and a 6.5-foot
side yard setback variance to the 30-foot side yard setback requirement for the purpose of
Board of Adjustnient Page 9
08/27/98
constructing a oas station canopy and convenience store. The property is zoned I and
located at 5190 Ward Road.
The applicant's representative appeared before the Board.
In response to questions from Board Member HOWARD. Mr. Galloway pointed out the
landscaping areas on the plan which exceed City requirements. He explained that it is
I
planned to build a small retaining wall in the back of the property because of the change in
grade.
Upon a motion by Board Member ABBOTT and seconded • Board Member
ECHELNIEYER, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-98-24 is an appeal to this Board
from the decision of an administrative officer, and
Board of Adjustment Page 10
08/27/98
Whereas, the property has been posted the fifteen days required by law and there %vere no
protests registered against it; and
Whereas, the relief applied for may be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City
of Wheat Ridge.
Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. WA-98-
24 be, and hereby is, approved.
Type of Vat-hince: A 14.5-foot front yard setback variance to the 50-foot front yard setback
requirement and a 6.5-foot side yard setback variance to the -30-foot side yard setback
requirement t construct a gas station canopy and convenience store oil property zoned Light-
Industrial.
Tile motion carried by a vote of 7 -0, with Board Member THIESSEN absent.
Chair MAURO advised the applicant that the request was granted.
6. CLOSE THE PUBLIC HEARING
Chair Person MAUI O declared the public hearing closed.
Board of Adjustment Page 11
08,'27/98
7. OLD BUSINESS
A, In response to a question from Board Member LOWLAND, INIr, il0cCartney stated that the
site where in-fillitic of the lake is occurring is being developed as a hotel and restaurant and
1> I.
will be called the Lakemont Center. This was approved by City Council in 1984. Mr.
McCartney also advised that he will check into the status of the billboard on the property.
8. NEW BUSINESS
A. Consideration of Minutes of July 23, 1998.
Board Member WALKER requested that the minutes reflect his absence. The minutes
indicated that he wn present and that Board N/lember HOWARD was absent. Board
Member HOWARD was present at the meeting, of July 23), 1998.
I-
It was moved by Board Member HOWARD and seconded by Board Member WALKER that
the minutes of July 23, 1998 be approved as amended. The motion carried by a vote of 7-0,
with Board Member THIESSEN absent.
9. ADJOURNMENT
C',Barbara 1998NIIN4 \980827,�kptj
Board of Adjustment Page 12
08/27,198